Dobbin Mutiso Ndolo v Kenya Electricity Transmission Company Limited [2020] eKLR Case Summary

Court
Environment and Land Court at Makueni
Category
Civil
Judge(s)
Judge Mbogo C.G.
Judgment Date
October 26, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Dobbin Mutiso Ndolo v Kenya Electricity Transmission Company Limited [2020] eKLR

1. Case Information:
- Name of the Case: Dobbin Mutiso Ndolo v. Kenya Electricity Transmission Company Limited
- Case Number: ELC Case No. 273 of 2017
- Court: Environment & Land Court at Makueni
- Date Delivered: 26th October 2020
- Category of Law: Civil
- Judge(s): Judge Mbogo C.G.
- Country: Kenya

2. Questions Presented:
The court must resolve the following legal issues:
1. Whether the Plaintiff is the legal representative of Ndolo Kakui, the registered owner of land parcel Mbitini/Kyemundu/722.
2. Whether the acquisition of the way leave and subsequent construction of the power line caused loss to the Plaintiff, and if so, the quantum of such loss.
3. Whether the Plaintiff is entitled to the claimed compensation for loss of land, crops, and forest produce.
4. Whether the Plaintiff issued a letter of demand before action.
5. Who should bear the costs of the suit.
6. Whether the Plaintiff is entitled to interest on the amount found due and owing from the Defendant.

3. Facts of the Case:
The Plaintiff, Dobbin Mutiso Ndolo, is the administrator of the estate of Ndolo Kakui, the registered owner of land parcel Mbitini/Kyemundu/722. The Defendant, Kenya Electricity Transmission Company Limited, acquired a way leave through the Plaintiff’s land for the erection of a power line but allegedly failed to provide adequate compensation for the loss of land use, crops, and forest produce. The Plaintiff claims Kshs. 2,669,735 as compensation, while the Defendant contests the valuation and asserts that it has already compensated the Plaintiff for some damages.

4. Procedural History:
The Plaintiff filed an amended plaint on 26th July 2018, seeking compensation from the Defendant. The Defendant admitted to the acquisition of the way leave but contested the compensation amount, asserting that the Plaintiff had already received Kshs. 281,741 for damages. The court heard testimonies from both parties, including expert witnesses, and reviewed various valuation reports to determine the extent of the damages and appropriate compensation.

5. Analysis:
- Rules: The court considered relevant laws, including the Land Act of 2012, which governs compensation for land acquisition and way leaves. The court also referenced compensation guidelines used by the Ministry of Agriculture and the Kenya Forest Service.

- Case Law: The court cited previous cases, including *National Land Commission vs. Estate of Sisiwa Arap Malakwen & Anor* (2017) and *KETRACO vs. Valeria Helen Wangechi Kigano & Others* (2018), which established principles regarding compensation for land use and the necessity for accurate valuations.

- Application: The court applied the principles from the cited cases to the facts presented. It determined that the Plaintiff suffered limited loss of land use and damage to crops and forest produce due to the way leave. The court found the Defendant's compensation calculations inadequate and opted for the higher valuation provided by the Plaintiff’s expert witnesses. Ultimately, the court calculated the total damages, including the loss of land use, crop damage, and forest produce, amounting to Kshs. 1,854,336.20, minus the amount already paid.

6. Conclusion:
The court ruled in favor of the Plaintiff, awarding Kshs. 1,572,735.20 after deducting the previously compensated amount. The court emphasized the need for fair compensation in line with established legal principles and the specific circumstances of the case.

7. Dissent:
There were no dissenting opinions in this case as it was a judgment delivered by a single judge.

8. Summary:
The court's decision reinforces the importance of adequate compensation for landowners affected by utility projects. It highlights the necessity for accurate and fair valuation processes and the obligation of utility companies to honor their commitments to landowners. The ruling serves as a precedent for similar cases regarding land acquisition and compensation in Kenya.

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